Possession of Alcoholic Beverage in Motor Vehicle

The Texas “Open Container” law is codified in the statute as Possession of Alcoholic Beverage in Motor Vehicle. This law makes it illegal for any person to possess an open container in a passenger area of a motor vehicle on a public highway. Whether or not the vehicle was operated, stopped, or parked does not matter when it comes to this offense.

Have you been charged with Possession of Alcoholic Beverage in Motor Vehicle? Call criminal lawyer Paul Saputo at (888) 239-9305.

(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.

In Texas, an open container can mean any receptacle containing any amount of alcohol, that is open, was opened before, has a broken seal or has had a portion of its contents removed. If it contains alcohol and isn’t sealed, Texas law defines it as an open container.1 Whether or not a seal is broken is a factual question that a jury would determine in the event that you take your case to trial.

The statute defines the passenger area of a vehicle as the area “designed for the seating of the operator and passengers of the vehicle.”2 However, the statute clearly excludes three areas from the definition:

A locked glove compartment

A trunk of a vehicle

Or the area behind the last upright seat of the vehicle if it does not have a trunk

You can be charged with Possession of Alcoholic Beverage in Motor Vehicle if a police officer believes that all of the elements of the law as described above have been met. The police officer does not need a warrant to take you into custody.

There are two exceptions to the open container law: (1) It is an exception to the statute if the defendant was a passenger in a motor vehicle primarily used for transportation for hire. Examples of such would include, a bus, taxicab, or limousine.4 (2) It is also an exception if the passenger was in the living quarters of a motorized house coach, house trailer, or recreational vehicle.5